LOCATED IN KALAMAZOO, MI, THE AUTO ION CHEMICALS, INC. FACILITY HAS CONTAMINATED SOIL AND GROUNDWATER. IN 1983, THE U.S.EPA BEGAN RESPONSE ACTIONS DESIGNED TO ADDRESS THE IMMEDIATE THREAT TO HUMAN HEALTH AND ENVIRONMENT PRESENTED AT THE FACILITY. ACTIONS TAKEN INCLUDED OVERSIGHT OF REMOV- AL ACTIVITIES BY THE PRPS. AS OF 2/28/91, U.S.EPA HAD INCURRED $365,130.18 IN UNREIMBURSED COSTS. - PURSUANT TO SECTION 113G OF CERCLA, 42 U.S.C. SECTION 9613G, AN ACTION FOR THE RECOVERY OF COSTS REFERRED TO IN SECTION 107A OF CERCLA MUST BE COMMENCED WITHIN 3 YEARS AFTER THE COMPLETION OF A REMOVAL ACTION. THE RECORD OF DECISION FOR OPERABLE UNIT ONE WAS SIGNED BY THE RA ON 9/27/89, COMPLET- ING THE REMOVAL ACTIVITIES. U.S.EPA IS THEREFORE REFERRING THIS COST RECOVERY FOR A TIMELY FILING. A CONSENT DECREE WAS LODGED FOR OPERABLE UNIT 1 ON 8/28/90. THE CONSENT DECREE COVERS THE FINANCING OF REMEDIAL DESIGN/REMEDIAL AC- TION AND FUTURE OVERSIGHT COSTS FOR THE FIRST OPERABLE UNIT. IT DID NOT COVER PAST COSTS. WE PROPOSE THAT UNREIMBURSED COSTS. WE ALSO SEEK A DECLARATORY JUDGMENT ON LIABILITY FOR ANY FUTURE COSTS EXPENDED AT THE AUTO ION FACILITY.